WA · rules

Wash. Super. Ct. Spec. Proc. R. 98.24W

Unlawful Detainers--Appointment of Attorney

activein force · 2023-10-31 – presentact-effective-date

In all unlawful detainer cases where an individual qualifies for an attorney at public

expense in accordance with RCW 59.18.640, the following protocols shall be followed:

(1) If the tenant appears without an attorney, before taking any action in the case, the court

shall:

(a) Advise the tenant that if they are indigent, they have a statutory right to be

represented by an attorney at public expense;

(b) If applicable, refer the tenant for screening and appointment of counsel pursuant to

any local order or established procedure consistent with RCW 59.18.640; and

obtained.

(2) If the tenant is unrepresented and the court issues a writ of restitution before judgment or

by default, the tenant may file a motion requesting that the court appoint an attorney at any

time before law enforcement executes the writ. During this time, a lawyer seeking

appointment may file an ex parte motion for appointment and request that the court stay

the execution of the writ for 10 days. The lawyer seeking appointment shall establish by

declaration that good faith efforts were made to notify the other party or, if no efforts were

made, why notice could not be provided prior to the application for an ex parte stay, and

describing the immediate or irreparable harm that may result if an immediate stay is not

granted.

(3) A stay issued under this rule will be set to expire 10 days after entry without further

order from the court. If new information arises and the court finds the tenant is not

eligible for appointment of a lawyer, the court may lift the stay.

History

[Adopted effective October 31, 2023.]

Provenance

Source: www.courts.wa.gov
Retrieved: 2026-09-16
Edition: 2026-09-16
Content hash: 7b4ff284c9171f1ebd1d0b55907acdd4b2f38d09b321ce3c81eda5db1cf8fc0b

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